This Thursday, at Coastal Carolina University, the S.C. Supreme Court will hold a hearing on whether a city can ban the sale of a legal product.
On January 1, 2019, the City of Myrtle Beach outlawed the sale of CBD products, items sold in smoke and vape shops, and other products that Mayor Brenda Bethune said she did not consider to be “family friendly.” The ban, however, only eliminated the sale of those products from 16th Avenue North to 6th Avenue South.
Said Buzz Plyer, the owner of the Gay Dolphin,
“I don’t think it’ll impact my business. What I do think is what’s fair for this area is fair for the rest of Myrtle Beach.”
While the items can not be sold on 6th Avenue South, customers can literally cross the street and purchase those products.
Plyler believes the law that wil ban CBD products, among other merchandise, should not just target certain areas of Myrtle Beach, but should be applied city-wide.
“If it’s going to produce a more family friendly center, which it may, then it’s good for the entire city. Every part of this city should have this law; should have to suffer the consequences of this law,” Plyler said.
IS IT LEGAL? WHAT IS FEDERAL LAW ON THIS MATTER?
The ban violates the provisions of equal protection of the law in the 14th Amendment of the US Constitution. Equal protection of the law is the constitutional guarantee that no person or group will be denied protection under the law afforded to similar persons or groups. In other words, people who find themselves in a similar situation must be treated in the same way.
POTENTIAL CONSEQUENCES
If this ban is upheld, The City of Myrtle Beach could literally ban the sale of any good or service in any area the city deems appropriate.
Live in Market Common and want to sell your litter of new born puppies? If this ban is upheld, the city can legally ban this sale.
LEGALLY BEING LAWLESS
When it comes to being able to FOIA data from the Myrtle Beach Area Chamber to the passage of the TDF, issues surrounding this city often have more to do with what the city can work around versus what is legal.
If the City of Myrtle Beach is allowed to act in this manner, all 271 cities in S.C. can pass and enforce similar laws.